PROJECT: Homestead Annexation and Zoning, file # Hearthstone Drive Fort Collins, CO 80528

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1 PROJECT: Homestead Annexation and Zoning, file #32-03 OWNER / APPLICANT: Legacy Development 2801 Hearthstone Drive Fort Collins, CO PROJECT DESCRIPTION: The Homestead Annexation consists of approximately acres of publicly and privately owned property. This annexation includes a 1271 foot long portion of the Ziegler Road right-of-way, and the adjacent street rights-of-way along Cornerstone Drive and Hearthstone Drive. The recommended zoning is the UE Urban Estate zone district. The property is located within the Fossil Creek Reservoir Area Plan. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the UE Urban Estate Zoning District. EXECUTIVE SUMMARY: The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. The property is in the FA-1 Farming District in Larimer County. The recommended zoning is UE Urban Estate. This is a 100% voluntary annexation.

2 Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses as follows: N: FA-1 Farming District in Larimer County - existing agricultural. LMN future neighborhood park, Zach Elementary School, Kechter Road, Observatory Village neighborhood. E: FA-1 Farming District in Larimer County existing agricultural. S: FA-1 Farming District in Larimer County existing agricultural, Fossil Creek Reservoir, W: LMN Fossil Lake P.U.D. 2 nd Filing neighborhood (under construction). The property is located within the Fort Collins Urban Growth Management Area (UGMA) and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan (jointly adopted by the City and County) specifies that development applications for lands within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and East of Timberline Road will be processed by the County in accordance with Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Manangement Area, and that the City will not annex the land until such development applications have obtained final plat approval and the transaction of certain Transferred Development Units (TDUs) has taken place. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment would be necessary to place this property within the Residential Neighborhood Sign District. 2. State Law Colorado Revised Statutes (CRS) & The Colorado Constitution A. CRS Eligibility for Annexation: This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has lineal feet of its total boundary of approximately lineal feet contiguous to the existing City limits. This exceeds the minimum lineal feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Fossil Lake Annexation No. 2 (March 2002), and H.H. 36 Annexation (December 1998). B. CRS Petitions for Annexation: The petition for annexation meets this CRS section which requires that the petition include an allegation that the signers of the petition comprise the landowners of more

3 Page 3 than 50% of the territory included in the area proposed to be annexed, exclusive of streets, and the signatures of such land owners. C. Colorado Constitution, Article II, Section 30 The Poundstone Amendment: The petition for annexation meets this Constitutional requirement in that the petition includes an allegation that the signers of the petition comprise more than 50% of the landowners of the territory included in the area proposed to be annexed, and the signatures of such land owners. 3. Intergovernmental Agreement Between Fort Collins and Larimer County A. IGA Section 8 - Annexations: (1) IGA Section 8(A) - It is the City s intent to annex properties within the GMA as expeditiously as possible. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land within the GMA which are eligible for voluntary annexation pursuant to state law. (2) IGA Section 8(B) - The City agrees it will not annex property within the Fossil Creek Reservoir Planning Area (south of Kechter Road and east of Timberline Road) unless the County either requires the landowner to petition for annexation or requests that the City consider annexation. (3) IGA Section 8(C) - The City agrees to annex all County Road rights-of-way, easements, etc. adjacent to a voluntary annexation in accordance with state law. (4) IGA Section 8(E) - The City agrees to pursue annexation of any eligible parcel whose owner has signed an annexation agreement. (5) IGA Section 8(G) - The County agrees to require a binding agreement for future annexation in the form attached as Exhibit 2 as a condition of approval of any development application requiring approval by the Larimer County Board of Commissioners, which is located within the GMA but is not, at the time of development approval, eligible for voluntary annexation to the City. An Annexation Agreement is a standard form (Exhibit 2 of the IGA) that the County requires to be signed by the developer of a County development that is approved for property inside the GMA. B. IGA Section 6 Applications for Development Within the GMA Zoning District: (1) IGA Section 6(B) - The County may accept development applications for lands located within any area that is part of a receiving area established through an adopted subarea plan for any Larimer County Transferable Density Units

4 Page 4 Program. At such time as the County requires the landowner in a receiving area to request annexation to the City, the City will process the annexation petition. The annexation request consists of the land constituting the Homestead P.U.D. 2 nd Filing P.L.D. and P.D., and the adjacent public street rights-of-way of said development. The Homestead P.U.D. 2 nd Filing P.L.D. and P.D. is a recently approved development in the county s receiving area. 4. Land Use Code Standards A. LUC Section 2.12 Annexation of Land - This section of the Land Use Code requires: (1) that the annexation of lands be in accordance with state law, (2) that the Planning and Zoning Board shall hold a hearing on the matter and report a recommendation to the City Council, and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes (CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a recommendation to Council. The recommended zoning is LMN - Low Density Mixed-Use Neighborhood and UE Urban Estate. B. LUC Section 2.9 Amendment to the Zoning Map This section of the Land Use Code requires that any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial zoning/rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (1) consistent with the City s Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including the subject property. The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is UE Urban Estate District. The City s adopted Structure Plan, a part of the Comprehensive Plan, suggests Urban Estate is appropriate for this location. 5. City Council Hearings: City Council hearings on this proposed annexation will be held on the following dates:

5 Page 5 Initiating Resolution January 6, 2004 First Reading February 17, 2004 Second Reading March 2, 2003 FINDINGS OF FACT/CONCLUSION: 1. The area requested to be annexed meets all criteria included in Colorado State Law to qualify for a voluntary annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Management Area. 3. The proposed annexation is consistent with the applicable criteria in the Fort Collins Land Use Code. 4. The requested UE Urban Estate Zoning District is consistent with the City s Structure Plan. 5. The property is located within and will be subject to the Fossil Creek Reservoir Area Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Homestead Annexation and Zoning, and that the property be placed in the UE Urban Estate, Zoning District.

AGENDA LARIMER COUNTY PLANNING COMMISSION Wednesday, April 20, 2016/6:30 P.M./Commissioners' Hearing Room

AGENDA LARIMER COUNTY PLANNING COMMISSION Wednesday, April 20, 2016/6:30 P.M./Commissioners' Hearing Room A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. PUBLIC COMMENT ON THE COUNTY LAND USE CODE D. PUBLIC